Addressing Liability for Institutional Child Abuse (Part Two)

This is the second part of a two-part series exploring the responses from the states and territories to the Redress and Civil Litigation Report of the Royal Commission into Institutional Responses to Child Sexual Abuse, and the current legislative developments reinforcing the Royal Commission’s recommendations. Part One addressed limitation periods generally and the proposed reforms by the Northern Territory in relation to institutional liability and a non-delegable reverse onus duty of care. Part Two addresses specific legislation from South Australia and the Australian Capital Territory to implement removal of limitation periods and institutional liability respectively.

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Addressing Liability for Institutional Child Abuse (Part One)

This is the first part of a two-part series exploring the responses from the states and territories to the Redress and Civil Litigation Report of the Royal Commission into Institutional Responses to Child Sexual Abuse, and the current legislative developments reinforcing the Royal Commission’s recommendations. Part One addresses the federal National Redress Scheme for Institutional Child Sexual Abuse and the Northern Territory consultation paper for implementing civil litigation reforms. Part Two addresses new legislation in the ACT and SA responding to limitation of actions and civil liability.

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Victorian Commission for Children and Young People Updates Child Safe Organisation Guide to Reflect Royal Commission

Last week the Victorian Commission for Children and Young People (CCYP) released a new version of the Guide for Creating a Child Safe Organisation. The Guide has been updated to reflect learnings from the Royal Commission into Institutional Responses to Child Sexual Abuse and provides increased guidance for organisations in implementing the Victorian Child Safe Standards.

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Federal Government Responds to the Royal Commission’s Recommendations and Offers National Apology

On 13 June the Federal Government announced its response to the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse (Royal Commission) and also announced a national apology the survivors, victims and families of institutional child sexual abuse to be delivered on 22 October to coincide with National Children’s Week (19-28 October). In a press conference Prime Minister Turnbull announced: the creation of a national office for child safety commencing on 1 July, the development of a Commonwealth child safety framework and the nationalisation of child safety checks. This significant response from the Federal Government comes as all states and territories except Western Australia have signed up to the national redress scheme for survivors, allowing the provision of compensation, counselling and personal apologies to abuse survivors.

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Northern Territory to Spend Five Years Overhauling Child Protection and Youth Justice Systems

The Northern Territory Government has announced a historic reform package to deliver the recommendations of the Royal Commission into the Protection and Detention of Children in the Northern Territory. A Generational Strategy for Children and Families will be implemented over the next five years, promising a protracted period of reform which schools will need to continuously monitor.

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Changes to ACT Child Protection: Reportable Conduct Scheme and New Grooming Offences

Prior to the conclusion of the Royal Commission into Institutional Responses to Child Sexual Abuse (Royal Commission) in December 2017, November was a flurry of regulatory activity in the Australian Capital Territory, with various changes to the Territory’s child protection system proposed and introduced. As other jurisdictions prepare themselves for responding to the Royal Commission’s Final Report, and the extent to which they will be taking the final recommendations into account, the ACT is under the spotlight as we consider the effectiveness of its attempts to pioneer reforms and expand its child protection system.

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